Title in Jurisprudence

Title is a link between a person and an object to establish ownership of property.

A title is the de facto antecedent of which the right is the de jure consequent. Right of possession on ownership comes in term of de facto first and later de jure.

For example, I have a watch on my hand. How it can be said that it is my, or I have title over it. I have either purchased it, or someone has gifted me, or I have inherited it from elsewhere. It is right of ownership in fact and in law over property.

According to Salmond, title is the fifth element of a legal right. He said every legal right has a title, that is to say, certain facts or events by reason of which the right has become vested in owner.

Classification of Titles:

According to Salmond, “The title is the de facto antecendent of which the right is the de jure consequent.” There are two kinds of title

Vestitive Facts

Are those which have a relation to right. They relate to creation, extinction and transfer of rights. Investitive facts create them and divestitive facts destroy them.

The main features of vestitive facts are that they create either a right or extinguish it or transfer it from one person to another.

The Vestitive facts are classified into two parts.

Investitve Facts:

Investitive Facts create rights. This rights is created first time one the object, which are ownerless. When I catch fish it is my original title and if I purchase it from elsewhere then it is called derivative title. Derivative right is second right, which is created after gone away of original right.

Title is also called Investitive facts or facts as a result of which a right comes to be vested on its owner.

Investitive facts or titles are further divided into

Original Title:

A right may be created de novo and it may have no pervious existence. Such a right is called an original title.

Derivative tile:

if a right is created by the transfer of an existing right, it is called

Divestitive facts are divided into:

Extinctive divestitive facts–

The facts of which the legal result is to destroy rights are called extinctive divestitive facts.

Alienative derivative facts-

The facts of which the legal result is to transfer right from the owner are called alienative derivative facts.

 

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